NOTE: The governor signed this measure on 5/29/2015.
      
      
      HOUSE BILL 15-1226
      
      
      BY REPRESENTATIVE(S) Becker K., Ginal, Primavera, Hullinghorst;
      also SENATOR(S) Hodge, Steadman.
      
      
      Concerning annual license fees for retail food establishments.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration. (1)  The general assembly
      finds and declares that:
      
           (a)  The retail food establishment industry, consisting of restaurants,
      grocery stores, convenience stores, and other establishments across the
      state, is a critical industry that supports communities and provides jobs;
      
           (b)  It is a core function of local government to keep the food supply
      safe and avoid the human and financial costs of food-borne illness through
      regular inspections and the investigation and control of illness outbreaks;
      
           (c)  The annual license fees for retail food establishments are
      currently outlined in statute and have not been increased in six years;
      
           (d)  Before adjusting annual license fees, it is important to have
      input from all stakeholders who wish to be heard; and
      
           (e)  Holding regular stakeholder meetings before deciding whether
      to adjust annual license fees will best inform the legislature on how an
      adjustment will affect all interested parties.
      
           SECTION 2.  In Colorado Revised Statutes, add 25-4-1607.5 as
      follows:
      
           25-4-1607.5.  Retail food establishment regulation - fees -
      investigations - stakeholder process. (1)  The executive director of
      the department or his or her designee shall convene a
      stakeholder group, including representatives from Colorado
      associations representing county or district public health
      agencies, county commissioners, retail food establishments, and
      any other party that represents a retail food establishment and
      expresses interest in participating.
      
           (2)  The department shall keep and maintain a list of
      stakeholders.
      
           (3)  The department shall convene the first meeting with
      the stakeholders no later than June 15, 2015, and as needed
      thereafter. After submission of the report described in subsection
      (5) of this section, the department shall meet with the
      stakeholders at least once every three years.
      
           (4)  The department shall meet with the stakeholders to
      study retail food establishments, retail food establishment
      license fees, and retail food inspection programs, including:
      
           (a)  Incidents of, and trends in, food-borne illnesses,
      including the correlation to inspections;
      
           (b)  Uniform statewide administration, implementation,
      interpretation, and enforcement of the inspection program to
      include, at a minimum:
      
           (I)  Training;
      
           (II)  Application;
      
           (III)  Communication to the public;
      
           (IV)  Guidance documents; and
      
           (V)  Inspection frequency, including compliance strategies;
      
           (c)  Potential regulatory changes;
      
           (d)  Collaboration with the industry;
      
           (e)  A requested annual license fee adjustment with
      appropriate documentation, including costs of providing an
      inspection;
      
           (f)  An annual license fee charged for parochial, public, or
      private schools; charitable organizations and benevolent,
      nonprofit retail food establishments that assist elderly,
      incapacitated, or disadvantaged persons; and nonprofit or
      charitable organizations that donate, prepare, sell, or serve
      food in conjunction with an event or celebration;
      
           (g)  Alternative administrative actions;
      
           (h)  The current annual license fee structure and license
      categories;
      
           (i)  The review of risk-based inspection schedules; and
      
           (j)  The actual cost of inspections.
      
           (5)  On or before December 1, 2015, and every three years
      thereafter, the executive director of the department or his or
      her designee shall prepare a report of the findings and
      conclusions of the study and shall present the report to all
      stakeholders and others upon request.
      
           SECTION 3.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO